Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

KAMAAZURA ABU BAKAR v. KYP EDUCATION SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
AWARD NO. 668 OF 2020 [CASE NO: 12/4-665/18]
17 MARCH 2020


ZAINAB SHAARI & YANG LAIN lwn. SIRIM BERHAD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 734 TAHUN 2020 [NO. KES: 19/4-149/18]
(Disatukan dengan kes 19/4-150/18, 19/4-151/18,
19/4-152/18, 19/4- 153/18, 19/4-154/18, 19/4-155/18,
19/4-156/18, 19/4-157/18, 19/4- 158/18,
19/4-159/18, 19/4-160/18, dan 19/4-161/18 melalui
Perintah Mahkamah Interim Award No. 378/2019
bertarikh 24 Januari 2019)

3 JUN 2020

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Article Highlight

LECTURER CALLED ‘MAD AS A BOX OF FROGS’ WINS CONSTRUCTIVE DISMISSAL CLAIM
UK
Employment
Former BPP University lecturer's claim for constructive unfair dismissal upheld
A former university lecturer has successfully brought a constructive unfair dismissal claim at an employment tribunal after the education establishment failed to reduce her workload despite her mental health struggles. Elizabeth Aylott, who suffered from anxiety and depression and was subsequently diagnosed with Autism Spectrum Disorder, repeatedly raised issues about her workload at BPP University in London and her problems coping with it.

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FRENCH WORKER AWARDED €40,000 BECAUSE HIS JOB WAS BORING
EUROPE
Employment

Former manager who had suffered from 'bore-out' awarded €40k
An employee of a luxury perfumes manufacturer has been awarded €40,000 in compensation by a French court after it was found to have inflicted extreme boredom on him, which amounted to harassment. Frédéric Desnard had so little to do at his job at Interparfums – which manufacturers Jimmy Choo and Karl Lagerfeld perfumes, among other designer brands – that he suffered from “bore-out”, which caused his health to deteriorate.

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Global Media Reports

MALAYSIA

'Force majeure' no guarantee to absolve employer of liability
NST | 08-Jul-2020
LETTERS: The Malaysian industrial jurisprudence dictates that a workman's rights and status under his employment contract are not to be decided solely...

Anti-trafficking group urges US ban on Sime Darby Plantation goods over alleged child, forced labour
Malay Mail | 08-Jul-2020
KUALA LUMPUR, July 8 — A Hong Kong-based anti-trafficking NGO called Liberty Shared has petitioned against Malaysian palm oil giant Sime Darby Plantat...

ASEAN

China: Dismissal And Performance Evaluation
Mondaq | 08-Jul-2020
With the continuous development of the market economy, enterprises are facing unprecedented opportunities and challenges. In order to enhance the comp...

China Employment Law Webinar: Questions Answered, Part 3
China Law Blog | 08-Jul-2020
In China Employment Law Webinar: Questions Answered, Part 1 and Part 2, I answered many questions I was not able to get to during my recent webinar on...

WORLD

Government looking at new laws to limit the employment of foreigners in South Africa
BusinessTech | 08-Jul-2020
Minister of Employment and Labour Thulas Nxesi says that government is looking at new regulations to limit the employment of foreign nationals in Sout...

Opinion: Your boss wants you back in the office — An employment law expert explains your rights
Market Watch | 08-Jul-2020
With states reopening — or planning to reopen — in the coming weeks and months, you may be worried about what returning to work will mean for you and ...

See all previous Global Media Reports

New! LLB Bulletin #07/2020